When getting divorced in Illinois, spouses must divide their marital assets according to the state’s “equitable distribution” law. Specifically, the law requires that divorcing spouses divide their marital assets “in just proportions considering all relevant factors,” which include things like: Each spouse’s contributions to their marital estate; The spouses’ respective post-divorce employment and income prospects; and, The spouses’ anticipated parenting rights and responsibilities post-divorce. Of course, while this provides a general framework for coming up with an equitable distribution ..read more

The start of the new year is a time when many people file for divorce. They’ve gotten through the holidays, their kids are back in school, and they can finally shift some of their focus to starting the divorce process. If you are ready to start the divorce process in 2024, what do you need to know? Here are some key facts from Illinois divorce lawyer Deanna J. Bowen: Illinois is a “No Fault” Divorce State Illinois has been a “no-fault” divorce state since 2016. What this means is that either spouse can file for divorce at any time. While it’s true that Illinois law requires that spouses live s ..read more

When it is time to bring your marriage to an end, the most efficient way of doing so is by pursuing an agreed divorce. An agreed divorce avoids the need to go to court (other than to formalize the dissolution of your marriage), and, as a result, it significantly reduces the time and costs involved. So, what is an agreed divorce, exactly? Illinois divorce attorney Deanna J. Bowen explains: What You Should Know About Pursuing an Agreed Divorce in Illinois An agreed divorce is a procedure for ending your marriage amicably and without courtroom litigation. As the name suggests, when you and your s ..read more

Every year, we publish many articles on our blog to help people make informed decisions about important family-related legal matters. While there is no substitute for personalized legal representation, these articles are intended to help answer some basic questions and get people started in the right direction. This year was no exception. Throughout 2023, we published several articles explicitly focused on the topic of divorce. We guide many spouses through the divorce process in Illinois, and we know that most spouses have many questions about what they can expect along the way. These articl ..read more

If you are like many Illinois residents, your retirement account is one of the most valuable assets you own. As a result, it is also one of the most important assets you own. Or, maybe you have managed your home and family while your spouse worked and are relying on your spouse’s retirement savings to live comfortably in the coming years. Either way, retirement will likely be vital if you or your spouse file for divorce. Retirement accounts like IRAs and 401(k)s are unique because they enjoy a tax-advantaged status. When you contribute money to a retirement account, your contributions are not ..read more

When preparing to go through a divorce, one of the first steps you need to take is to create an inventory of your property. Unless you and your spouse have a prenuptial agreement, you will need to divide your property inventory according to the principles of “equitable distribution” during the divorce process—and this starts with knowing all of the assets on the table. Dividing Your “Separate” and “Marital” Property During Your Divorce As we discussed in a recent article, there is a key difference between “separate” and “marital” assets for purposes of an Illinois divorce. Separate assets incl ..read more

Preparing to go through a divorce can be stressful. The process is unfamiliar, and you are working toward starting a new—and also unfamiliar—post-divorce life. There are many issues you need to consider, and you need to know when to stand up for your legal rights while also knowing when to compromise to avoid having your divorce end up in court. Knowing what to expect during the process can help ease some of the stress of divorce. If you know what to expect, you can plan ahead and feel confident in your decision-making. With this in mind, we have prepared an Illinois divorce roadmap that provi ..read more

As you go through the divorce process, you must make several very important decisions. To make these decisions, you will need to have a clear understanding of the legal and practical implications involved. But, understanding everything you need to know can be challenging—as even the terminology involved is unfamiliar to most spouses. 12 Key Terms to Know When Preparing for a Divorce in Illinois With this in mind, we’ve prepared a glossary of the key terms you need to know when going through a divorce in Illinois. You can use this glossary to become familiar with the terms you’ll need to know a ..read more

In Illinois, dividing your marital assets is a necessary part of the divorce process. Neither spouse gets to keep everything, and Illinois’s equitable distribution law requires that each spouse receive a “just proportion[]” of the marital estate based on a variety of different factors. But, while giving up certain assets can be easy, giving up others can be extremely difficult. In fact, dealing with items that have sentimental value is often among the most emotionally-challenging aspects of going through a divorce. 5 Options for Dealing with Items that Have Sentimental Value During Your Divorc ..read more

When going through a divorce in Illinois, it is possible for several different problems to arise. While it is also possible to avoid (or overcome) these problems by taking an informed approach to the divorce process, many spouses—and particularly those without legal representation—lack the insights they need to make informed decisions. What are some of the problems you will want to avoid during your divorce? Here are 10 common examples: 10 Problems That Can Arise During a Divorce in Illinois 1. Overlooking Marital Assets Divorcing spouses must divide their marital assets. “Marital” assets gene ..read more